The single-judge bench allowed the third bail application, releasing the accused on bail without expressing an opinion on the merits of the case.
Release on bail with a personal bond of Rs.40,000/- and one surety in a like amount to the satisfaction of the trial Court.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. Cr. Misc. Bail Application No.3462/2015
(Majlash alias Majlish Vs. State of Rajasthan)
Date of Order : 11th August, 2015
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr.Anul Upman, for the accused-applicant. Mr.R.S.Raghav, Public Prosecutor – for the State.
By the Court:
Heard learned counsel for the accused-applicant as well as the learned Public Prosecutor and perused the record of the case.
It is stated that due to marriage by one daughter Rehana with Mausam Khan, the allegations have been made for gang rape by all his relatives. The statement of Rehana was recorded. She has made statements in favour of Mausam Khan. She married to him almost two years back and residing with him peacefully. The allegations against the Mausam Khan and other co-accused were made due to the aforesaid. This Court earlier issued notices to two other sisters Abida w/o Sakir and Mehram d/o Mohabbat but both have refused to appear before the Court and thus even notices were not accepted.
Learned Public Prosecutor has opposed this bail application. It is submitted that statements of prosecutrix are against the accusedapplicant, thus he may not be enlarged on bail.
After considering all the facts and circumstances of the case and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial but looking to the facts available on record, I am of the view that accused-applicant deserves to be enlarged on bail.
Accordingly, this third bail application under Section 439 Cr.P.C. is allowed. It is ordered that accused-applicant, namely, Majlash alias Majlish be released on bail in FIR No.351/2013 registered at Police Station Sikari for offence under Sections 365, 366, 376(2)(G), 342, 343 & 344 IPC provided, he furnishes a personal bond in the sum of Rs.40,000/- together with one surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so.
(M.N. BHANDARI),J.
Preeti, PA
All corrections made in the judgment/order have been
incorporated in the judgment/order being emailed.
Preeti Asopa P.A.
2 issues framed by the court
Whether the accused-applicant is entitled to bail under Section 439 Cr.P.C. given allegations of gang rape and lack of corroboration from other relatives.
Whether the accused shall be released on bail subject to furnishing a personal bond and surety.
1 provisions across 1 enactments
Majlash alias Majlish
State of Rajasthan
M.N. BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
